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Anonymous
if truck brings goods in my premises and if my labours unload that goods form the truck ( who are my daily wages labour) ,then am i bound to count the truck drive as my employee , and get my self registered for PF ..
( right now i am registered in PF)

pls tell me what do?

From India, Mysore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
KK!HR
Management Consultancy

KK!HR
1530

The transport contracts are 'Contract for service' and hence their PF coverage is not the liability of the Principal employer. The Transport Contractor is not paid wages but given a composite rate based on the quantum of work. Transport contractor himself may be covered under the PF Act 1952 if otherwise eligible.
From India, Mumbai
saswatabanerjee
2383

I will disagree with KK on the reasoning, though his final answer is correct.

Under contract labour laws, there is no distinction between contract for labour supply and contract for services. Even if someone is offering you a lumpsum or a piece rate contract, you are still liable to pay the PF and ESIC (or ensure it is paid by the contractor).

The only reason it does not apply to the driver of the vehicle is that he is not working in your premises. He is working outside. His presence in your premises is only incidental to the main activity.

The matter would be different if he was dedicated to your company, doing exclusively your work and in your premises for most of the work day on a regular basis. In such a case you may be liable (depends on the circumstances)

From India, Mumbai
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